Genetic Mother Wins Surrogacy Case

Author:Ms Rebecca Ryan

In an unprecedented and landmark High Court judgment on 5 March 2013, Judge Abbott has declared that the genetic mother of twins born to a surrogate is entitled to be recognised as their legal mother. This marks a significant in change in Irish law because previously only a birth mother was legally recognised. The case arose out of the refusal by the Chief Registrar of births, deaths and marriages to enter the genetic mother's details on the birth certificates. Her claim was supported by the birth mother, who had carried the twins for her sister, who could not have a pregnancy. The genetic mother argued that scientific advances have introduced uncertainty into the concept of motherhood and that she should be recognised in law. The State opposed the claim on the grounds that there was no legal basis for recognition of the genetic mother in surrogacy...

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